Expunging or sealing records

questions & answers

Question: how do I get a felony expunged in arizona

Answer: Arizona does not presently have an ‘expungement’ statute.  The laws about setting aside a conviction are presently found in A.R.S. §§ 13-904 – 912 . A.R.S. § 13-907  permits a person convicted of a felony to request a "set aside" of a felony conviction under certain circumstances. The statutes use the term “set aside the judgment.” An application to have your conviction set aside may use the language “vacate judgment and dismiss charges.” In this situation, “setting aside a conviction,” means the same thing as “vacating judgment and dismissing the charges.”

For someone convicted of a felony, a set aside can be very important because it has the effect of releasing the defendant from all penalties and disabilities resulting from the conviction with some exceptions. (See A.R.S. §§ 28-3304 – 3308). Although there is a prior felony conviction, the record also indicates that the person successfully completed all court requirements and the Court vacated the judgment and dismissed the charges. This has the effect of putting the felony offense in a person’s past as long as there are no present or future convictions. The focus moves to the present and to positive attributes, rather than on past transgressions.

To restore these rights, a person would file a request with the Superior Court in the county where the conviction occurred. For a federal conviction, a person would submit an application to the Superior Court in the county where that person lives. Instructions for setting aside a conviction, restoring civil rights, and restoring gun rights can be found at the following websites:

•Coconino County: http://www.coconino.az.gov/lawlibrary.aspx?id=19434


•Maricopa County: http://www.clerkofcourt.maricopa.gov/faxondemand/300.pdf


If the county in which the person was convicted does not have these forms online, contact the Clerk’s Office in the county where the conviction occurred to see which forms could be used. Contact information for County Superior Court Clerks can be found at http://www.clerkofcourt.maricopa.gov/CNTYCLKSLSTMASTER2.pdf or at http://www.azsos.gov/business_services/notary/AZClerks.htm .